High Court Of ChhattisgarhMCRC/895/2016allowed

Uttam Kumar Pal v. The State Of Chhattisgarh

2016-03-02Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.895 of 2016 Uttam Kumar Pal, aged about 39 years, S/o Shri Pratapchandra Pal, R/o Village Aaskola J.N., Police Station Beliyabeda, District Mednapur (West Bengal) ---- Applicant

Versus

The State of Chhattisgarh, Through SHO, Police Station Sarangarh, Raigarh (C.G.) ---- Non-applicant For Applicant:

Mr. Vikram Singh, Advocate.

For Non-applicant:

Mr. Vivek Singhal, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 02/03/2016

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.20/2016, registered at Police Station Sarangarh, Raigarh, for the offence punishable under Section 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004.

2. Case of the prosecution, in brief, is that the applicant was found transporting eleven agricultural scheduled animals for the purpose of slaughtering, to other States and thereby committed the offence.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. The applicant is neither owner of the vehicle nor he was taking the animals. The applicant is in jail since 12-1-2016. Chargesheet has been filed and no custodial interrogation of the applicant is

required.

4. On the other hand, learned State counsel opposes the application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, role of the applicant, his pretrial detention and number of animals, I am of the view that it is a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma